1-1 By: Barrientos S.B. No. 542 1-2 (In the Senate - Filed February 11, 1997; February 17, 1997, 1-3 read first time and referred to Committee on Criminal Justice; 1-4 April 10, 1997, reported favorably, as amended, by the following 1-5 vote: Yeas 7, Nays 0; April 10, 1997, sent to printer.) 1-6 COMMITTEE AMENDMENT NO. 1 By: Nelson 1-7 Amend S.B. No. 542 on page 1, line 55, after "Statutes)," insert 1-8 the following: 1-9 "a licensed vocational nurse licensed under Chapter 118, Acts of 1-10 the 52nd Legislature, 1951 (Article 4528c, Vernon's Texas Civil 1-11 Statutes), a physical therapist licensed under Chapter 836, Acts of 1-12 the 62nd Legislature, Regular Session, 1971 (Article 4512e, 1-13 Vernon's Texas Civil Statutes), a physician's assistant licensed 1-14 under the Physician Assistant Licensing Act (Article 4495b-1, 1-15 Vernon's Texas Civil Statutes), or a registered nurse or an 1-16 advanced practice nurse licensed under Chapter 7, Title 71, Revised 1-17 Statutes," 1-18 A BILL TO BE ENTITLED 1-19 AN ACT 1-20 relating to the prosecution of the offense of sexual assault. 1-21 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-22 SECTION 1. Subsection (b), Section 22.011, Penal Code, is 1-23 amended to read as follows: 1-24 (b) A sexual assault under Subsection (a)(1) is without the 1-25 consent of the other person if: 1-26 (1) the actor compels the other person to submit or 1-27 participate by the use of physical force or violence; 1-28 (2) the actor compels the other person to submit or 1-29 participate by threatening to use force or violence against the 1-30 other person, and the other person believes that the actor has the 1-31 present ability to execute the threat; 1-32 (3) the other person has not consented and the actor 1-33 knows the other person is unconscious or physically unable to 1-34 resist; 1-35 (4) the actor knows that as a result of mental disease 1-36 or defect the other person is at the time of the sexual assault 1-37 incapable either of appraising the nature of the act or of 1-38 resisting it; 1-39 (5) the other person has not consented and the actor 1-40 knows the other person is unaware that the sexual assault is 1-41 occurring; 1-42 (6) the actor has intentionally impaired the other 1-43 person's power to appraise or control the other person's conduct by 1-44 administering any substance without the other person's knowledge; 1-45 (7) the actor compels the other person to submit or 1-46 participate by threatening to use force or violence against any 1-47 person, and the other person believes that the actor has the 1-48 ability to execute the threat; 1-49 (8) the actor is a public servant who coerces the 1-50 other person to submit or participate; 1-51 (9) the actor is a mental health services provider, a 1-52 physician licensed under the Medical Practice Act (Article 4495b, 1-53 Vernon's Texas Civil Statutes), or a chiropractor licensed under 1-54 Chapter 94, Acts of the 51st Legislature, Regular Session, 1949 1-55 (Article 4512b, Vernon's Texas Civil Statutes), who causes the 1-56 other person, who is a patient or former patient of the actor, to 1-57 submit or participate by exploiting the other person's emotional 1-58 dependency on the actor; or 1-59 (10) the actor is a clergyman who causes the other 1-60 person to submit or participate by exploiting the other person's 1-61 emotional dependency on the clergyman in the clergyman's 1-62 professional character as spiritual adviser. 1-63 SECTION 2. (a) The change in law made by this Act applies 1-64 only to an offense committed on or after the effective date of this 2-1 Act. For purposes of this section, an offense is committed before 2-2 the effective date of this Act if any element of the offense occurs 2-3 before the effective date. 2-4 (b) An offense committed before the effective date of this 2-5 Act is covered by the law in effect when the offense was committed, 2-6 and the former law is continued in effect for that purpose. 2-7 SECTION 3. This Act takes effect September 1, 1997. 2-8 SECTION 4. The importance of this legislation and the 2-9 crowded condition of the calendars in both houses create an 2-10 emergency and an imperative public necessity that the 2-11 constitutional rule requiring bills to be read on three several 2-12 days in each house be suspended, and this rule is hereby suspended. 2-13 * * * * *